Casey Sack presented at the Massachusetts Bar Association’s CLE program, “Expert Witnesses in Construction Disputes: Strategic Lawyering at All Stages of the Case,” on June 23. Designed for attorneys experienced in representing owners or contractors, the program offered practical guidance on effectively leveraging expert witnesses throughout the entire life cycle of a construction claim. Topics […]
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Jim Rudolph has been named a Go To Construction Lawyer by Massachusetts Lawyers Weekly. The “Go To Lawyer” award recognizes the top construction lawyers across the Commonwealth and highlights lawyers who are experts in their field. Attorneys were nominated by their clients and colleagues for their expertise in construction law, including signature accomplishments, representative cases […]
Construction projects often involve work performed by subcontractors. While this makes sense given the varying expertise and equipment required, it can create some difficult issues from an insurance perspective when things go awry. Imagine, for example, a general contractor who performs non-defective work on one part of a construction project while a subcontractor performs defective […]
Jon Friedmann and Casey Sack successfully secured a decision under Massachusetts General Law Chapter 231, § 6F to have the plaintiff pay a portion of the firm’s attorneys’ fees. The decision arises from a residential construction dispute. Under Chapter 231, § 6F, the court may impose sanctions against a party represented by counsel whose claims […]
Construction subcontracts establish the legal relationship between subcontractors and prime contractors. Most subcontracts should mirror the terms and conditions outlined in the agreement between the owner and the general contractor (the “Prime Contract”) or, at a minimum, be consistent with and provide an explanation when the terms do not mirror the Prime Contract. To ensure […]
Massachusetts General Law Chapters 93A and 176D, long a compelling and formidable mechanism for consumers, has been extended beyond its usual confines to become a further source of consternation in the insurance industry. The Consumer Protection Act and the Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance […]
Jim Rudolph has been named a Massachusetts Go To Construction Lawyer by Massachusetts Lawyers Weekly. The “Go To Lawyer” award recognizes the top construction lawyers across the Commonwealth and highlights lawyers who are experts in their field. Attorneys were nominated by their clients and colleagues for their expertise in construction law, including signature accomplishments, representative […]
Jim Rudolph, the firm’s managing partner and a construction litigator, was quoted in “Building contractor’s suit against insurer revived” in Massachusetts Lawyers Weekly on April 13. The article discusses the Appeals Court’s decision in John Moriarty & Associates, Inc. v. Zurich American Insurance Co., where the court ruled the general contractor for a Boston construction […]
Commercial construction projects of $3 million or more are subject to the Prompt Payment Act, G.L.c. 149, §29E (“PPA”), which ensures prompt payment, or resolution, of disputes about, invoices for periodic payment made by contractors during the course of work. It requires owners to approve or reject periodic payment requests within 15 days after submission […]
When presented with a contract, consumers should “read the fine print.” This adage is particularly important to general contractors (GCs) who have obtained a commercial general liability insurance policy and those who hire them. Many GCs believe that a general liability insurance contract will protect them for any hazard or event that could transpire in […]
